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201105790 dismissed with a ntling that, in Lender's judgment, pre,clud� forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Se�urity InstYVment. The proceeds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Properiy aze hereby assigned and shall be paid to Lender. All Miscellan�us Proce�s that are not appli� to restoration or repair of the Properly shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a R'aiver. Extension of the time for payment or modification of amortizarion of the sums s�ured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of �rrower. Lender shall not be required to commence proccedings against any Successor in Inter�t of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums s�ured by this Security Instrument by reasan of any demand made by the original Borrower or any Succ�sors in Inter�t of Borrower. Any forbeazance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, entiti� or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Lisbility; Co-signers; Snccessors and Assigns Bound. Borrower covenants and agrces that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this S�urity Instrument but does not elcecute the Note (a "co-signer"): (a) is casigning this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrces that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower' s obligations under this S�urity Instrument in writing, and is approv� by Lender, shall obtain all of Borrower' s rights and benefits under this S�urity Instrument. Bonower shall not be released from Bonower' s obligations and liability under this Secsurity Instrument unless Lender agr�s to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Bonower' s default, for the purpose of protecting Lender' s interest in the Praperiy and rights under tlus S�urity Instrument, including, but not limiteri to, attorneys' fees, properiy inspection and valuation fees. In regazd to any other fe�s, the absence of elcpress authority in this Security Inst�ument to charge a specific fee to Bonower shall not be construed as a prolubition on the charging of such fee. Lender may not charge fees that are expressly prolubited by this S�urity Instcument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan eacceed the permitted limits, then: (a) any such loan charge shall be r�uced by the amount nec;essary to reduce the charge to the permitt�i limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in conn�tion with this Security Instrument must be in writing. Any notice to Borrower in conn�tion with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower' s norice address if sent by other means. Notice to any one Bonower shall constitute norice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall � the Property Address unless Borrower has designa,ted a substitute notice addre.ss by notice to Lender. Bonower shall promptly notify Lender of Bonower' s change of address. If Lender specifies a procedure for reporting Bonower' s change of address, then Honower shall only report a change of address through that specified pror�dure. 11-06-000228 NEBRASKA - Single Family - Fannle MaelFreddie Mac UNIFORM INSTRUMENT WI��RS � � -6A(NE) (os�o) Page 10 of 15 Initfals j�- Form 3028 1/01 � �-